Appellate Insights

GMSR’s monthly appellate insights offer concise, timely guidance on appellate issues, and tips for avoiding common pitfalls at all stages of litigation.

Mar 15, 2019 Alana H. Rotter

The Times They Are A Changin’

Trial courts have a jurisdictional deadline for granting motions for a new trial, judgment notwithstanding the verdict, or to vacate the judgment. Courts cannot grant relief after that deadline, so everyone involved must know when it is. The deadline recently changed: The trial court’s power

Feb 18, 2019 Laurie J. Hepler

How Long Now?

Appeal to California’s intermediate court takes a long time. This affects everything from the interest that will accrue on a money judgment (10% per year in our state) to the parties’ practical ability to ride out the process. Here’s a snapshot from FY 2016-17 (the

Jan 15, 2019 Alana H. Rotter

Inside The Jury Room

Juror misconduct can be a basis for winning a new trial, but teeing the issue up correctly can be tricky. Here are some of the key points: Juror misconduct is one of the few issues that must be raised in a new trial motion. The

Nov 13, 2018 Alana H. Rotter

Halt!

Some judgments are automatically stayed pending appeal, but many are not. If your client is facing an adverse judgment, it’s important to know which category the judgment falls into and what additional steps might be necessary to prevent enforcement while the appeal proceeds. The default

Oct 12, 2018 Laurie J. Hepler

Is This Appealable?

Time again for ASIC’s semi-regular quiz on orders that might be appealable (or not). If you’re ever in the slightest doubt on this front, research it closely or consult a specialist. Even one day past an appeal deadline means irremediable loss of jurisdiction in the

Sep 13, 2018 Alana H. Rotter

Attorneys Behaving Badly

Should you object to opposing counsel’s improper statements during closing argument? This is a strategic decision based on multiple factors. But remember one important consideration: preserving the misconduct issue for appeal. The Court of Appeal will not consider a claim of closing argument misconduct unless

Aug 14, 2018 Laurie J. Hepler

Relax, It’s Preserved

August is supposed to bring some vacation time. So for a change, how about a list of trial errors that you can argue on appeal with no objection in the record? Yes, all of the following errors (and more, but don’t get complacent!) are preserved

Jul 13, 2018 Alana H. Rotter

Count Every Vote

The moment the clerk announces the jury’s verdict can provide a rush of elation or profound disappointment. Remind yourself in advance that, amidst the emotion, there is one thing that must be handled immediately if your client loses: polling the jury. Polling the jury has

Jun 13, 2018 Laurie J. Hepler

Briefs In The Wild

It’s always been true that appeals can make common law, so that litigants must vet their arguments with that prospect in mind. But in the era of Big Data, consider also that appeals leave an electronic “trail”—with briefs routinely uploaded to Westlaw, often posted on

May 15, 2018 Alana H. Rotter

Last Chance

Lawyers who’ve just lost a jury trial often ask whether they need to file a new trial motion before appealing. The answer is case-specific, but there are a few arguments that should almost always be raised via a new trial motion if the record supports

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